The Trial

The Trial

[The Lawyer] had, of course, begun work straight away and was nearly ready to submit the first documents. They would be very important because the first impression made by the defence will often determine the whole course of the proceedings. Unfortunately, though, he would still have to make it clear to K. that the first documents submitted are sometimes not even read by the court. They simply put them with the other documents and point out that, for the time being, questioning and observing the accused are much more important than anything written. If the applicant becomes insistent, then they add that before they come to any decision, as soon as all the material has been brought together, with due regard, of course, to all the documents, then these first documents to have been submitted will also be checked over. But unfortunately, even this is not usually true, the first documents submitted are usually mislaid or lost completely, and even if they do keep them right to the end they are hardly read, although the lawyer only knew about this from rumour. This is all very regrettable, but not entirely without its justifications. But K. should not forget that the trial would not be public, if the court deems it necessary it can be made public but there is no law that says it has to be. As a result, the accused and his defence don’t have access even to the court records, and especially not to the indictment, and that means we generally don’t know – or at least not precisely – what the first documents need to be about, which means that if they do contain anything of relevance to the case it’s only by a lucky coincidence. If anything about the individual charges and the reasons for them comes out clearly or can be guessed at while the accused is being questioned, then it’s possible to work out and submit documents that really direct the issue and present proof, but not before. Conditions like this, of course, place the defence in a very unfavourable and difficult position. But that is what they intend. In fact, defence is not really allowed under the law, it’s only tolerated.
Franz Kafka, The Trial, Translated by David Wyllie